As used in this article, the following terms shall have the
meanings indicated:
ACT 537
The Act of January 24, 1966, P.L. 1535, No. 537, as amended,
35 P.S. § 750.1 et seq., known as the "Pennsylvania Sewage
Facilities Act."
AUTHORIZED AGENT
A certified sewage enforcement officer, registered pumper/hauler,
code enforcement officer, professional engineer or any other qualified
or licensed person who is delegated by the Borough to carry out the
provisions of this article within specified limits.
BOROUGH
Abbottstown Borough, Adams County, Pennsylvania.
CESSPOOL
A below-ground cavity built of loose rock or blocks that
provides for the temporary storage of sanitary sewage until the sewage
drains into the surrounding area.
COMMUNITY SEWAGE SYSTEM
Any system, whether publicly or privately owned, for the
collection of sewage from two or more lots and the treatment and/or
disposal of the sewage on one or more lots or at any other site.
COUNCIL
The Borough Council of Abbottstown Borough, Adams County,
Pennsylvania.
DEP or DEPARTMENT
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
INDIVIDUAL SEWAGE SYSTEM
A system of piping, tanks or other facilities serving a single
lot and collecting and disposing of sewage in whole or in part into
the soil or into any waters of the Commonwealth of Pennsylvania.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
MALFUNCTION
The condition occurring when an on-lot sewage system causes
pollution to groundwater or surface water, contamination of private
or public drinking water supplies or nuisance problems or is a hazard
to public health. Any treatment or holding tank observed to be leaking,
or any instance where sewage is backing up into a building connected
to the system, is considered a malfunction. Systems shall be considered
to be malfunctioning if any of the conditions noted above occur for
any length of time during any period of the year.
MUNICIPALITY
Abbottstown Borough, Adams County, Pennsylvania.
OFFICIAL ACT 537 SEWAGE FACILITIES PLAN
A comprehensive plan for the provision of adequate sewage
disposal systems, adopted by the Borough and approved by the Pennsylvania
Department of Environmental Protection, as described in and required
by the Pennsylvania Sewage Facilities Act, hereinafter called the
"plan." It shall also mean the Abbottstown Borough Act 537 Plan, as
amended.
ON-LOT MANAGEMENT PROGRAM
A comprehensive set of legal and administrative requirements,
including this article, the Act, the Clean Streams Law and all regulations
and requirements adopted by the Council to enforce and administer
this article.
ON-LOT SEPTIC SYSTEM REPORT
A form which shall be used by all registered pumpers/haulers
to report each pumping of on-lot sewage disposal systems in the Borough.
ON-LOT SEWAGE SYSTEM
Any system for disposal of sewage involving pretreatment
and subsequent disposal of the clarified sewage into the soil for
final treatment and disposal, including both individual sewage systems
and community sewage systems.
OWNER
Any person having an equitable or legal interest in real
estate in Abbottstown Borough.
PERSON
Any individual, association, partnership, public or private
corporation, whether for-profit or not-for-profit, trust, estate or
other legally recognized entity.
REGISTERED PUMPER/HAULER (PUMPER)
A person or organization licensed by the Adams County Solid
Waste Authority and the Pennsylvania Department of Environmental Protection
(PADEP) and registered with Abbottstown Borough annually.
REHABILITATION
Work done to modify, alter, repair, enlarge or replace an
existing on-lot disposal system.
SEPTAGE
Any human excrement, other domestic or restaurant waste or
other material or substance removed from a portable toilet, septic
tank, seepage pit, treatment tank, cesspool or other enclosure used
for the storage or decomposition of sewage, but does not include liquid
industrial waste.
SEPTIC SYSTEM REPORT
The Borough form to be completed by the pumper/hauler for
each individual tank and forwarded to the Borough after each inspection
and/or pumping.
SEPTIC TANK
A watertight tank that provides for the treatment of sanitary
sewage prior to its discharge to an absorption area.
SEWAGE
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals,
and any noxious or deleterious substance which is harmful or inimical
to public health or to animal or aquatic life or to the use of water
for domestic water supply or for recreation or which constitutes pollution
under the Act of June 22, 1937 (P.L. 1987, No. 394), known as the
"Clean Streams Law," as amended.
SEWAGE ENFORCEMENT OFFICER (SEO)
An agent of the Borough DEP certified to issue and review
permit applications and conduct such investigations and inspections
as are necessary to implement Act 537 and the rules and regulations
promulgated thereunder.
SEWAGE FACILITIES
Any method of sewage collection, conveyance, treatment and
disposal which will prevent the discharge of untreated or inadequately
treated sewage into the waters of this commonwealth or otherwise provide
for the safe and sanitary treatment and disposal of sewage.
From the effective date of this article, its provisions shall
apply to every owner of a lot served by an on-lot sewage system in
Abbottstown Borough and all persons or businesses servicing on-lot
sewage systems (constructing, pumping, inspecting or repairing on-lot
sewage systems) within the Borough.
The Borough, upon written notice from the SEO that an imminent
health hazard exists due to failure of a property owner to maintain,
repair or replace an on-lot sewage system as provided under the terms
of this article, shall have the authority to perform or contract to
have performed the work required by the SEO. The owner shall be charged
for the work performed, and, if necessary, a lien shall be entered
therefor in accordance with law.
Any person aggrieved with the actions of the Sewage Enforcement
Officer or any other authorized agent of the Borough may file an appeal
in accordance with Act 537. (See 35 P.S. § 750.16.)
This article shall take effect five days after adoption.